STATE OF MINNESOTA

IN COURT OF APPEALS

CX-01-1820

In the Matter of: Thomas Daniel for the

Establishment of a Cartway.

Filed May 28, 2002

Affirmed

Gordon W. Shumaker, Judge

St. Louis County District Court

File No. C901100217

James R. Cope, Andrew R. Peterson, 415 First Street South, Virginia, MN 55792 (for appellant Donald Schoch)

Alan L. Mitchell, St. Louis County Attorney, Timothy O. Lee, Assistant County Attorney, 100 North Fifth Avenue West, No. 501, Duluth, MN 55802-1298 (for respondent St. Louis County)

Considered and decided by Shumaker, Presiding Judge, Kalitowski, Judge, and Willis, Judge.

S Y L L A B U S

When a landowner has access to his property from a public road only by crossing a lake, he does not have